Section 52:9YY-9 - Penalties for unauthorized disclosures; liability of departmenta. A person or entity whom the department determines has violated the provisions of section 6 of P.L. 2001, c. 192(C.52:9YY-6), regarding the disclosure of health data shall be subject, in addition to any other penalties that may be prescribed by law, to: a civil penalty of not more than $10,000 for each such violation, but not to exceed $50,000 in the aggregate for multiple violations; or a civil penalty of not more than $250,000, if the department finds that these violations have occurred with such frequency as to constitute a general business practice. The penalty shall be sued for and collected in the name of the department in a summary proceeding in accordance with the "Penalty Enforcement Law of 1999," P.L. 1999, c. 274(C.2A:58-10 et seq.).
b. The department or an entity acting on its behalf shall be liable to a person or entity injured by the intentional or negligent violation of the provisions of section 6 of P.L. 2001, c. 192(C.52:9YY-6), in an amount equal to the damages sustained by the person or entity, together with the cost of the action and reasonable attorney's fees, as determined by the court.Amended by L. 2010, c. 87,s. 17, eff. 11/3/2010. L. 2001, c. 192, s. 9, eff. July 31, 2001.